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03.01 City Council VacancyAGENDA ITEM 'N January 22,, 2019 TO:: Honorable Mayor and Members of the City Council THRU: Rick Otto, City Manager 1. : SUBJECT Discussion regarding City Council vacancy. 2. SUMMARY The City Council, seat: held by Mark. A. Murphy is now vacant with Councilmember Murphys swearing in to the office of Mayor. The City Council must now decide how to fill this vacancy for the remainder of this.seat's term,: which expires in November 2020..At the conclusion of the deliberations on this topic at the.January 8, 2019. meeting, the City Council called for an Adjourned Regular Meeting to be conducted on January 22, 2019 to allow additional time;for due' diligence and subsequent deliberations.. 3. RECOMMENDED ACTION Provide direction regarding the,filling of the vacant City Council seat. Options include: 1. Appoint a qualified individual to fill the vacancy for the remainder of the term; -or 2. Calf for a Special Election and direct staff to prepare the appropriate Resolutions; or 3. Conduct a 'second Special Meeting prior to February 9, 2019 to deliberate further on the matter. 4. FISCAL IMPACT If Council calls for a Special Election, the estimated cost to conduct a Special. Election is between $427,000 to $472,000. 5. STRATEGIC PLAN GOALS Goal 1: Be a fiscally healthy community b: Expand fiscal resources responsibly. ITEMS • I 01/22/2019 6. DISCUSSION AND BACKGROUND With the swearing in of Mark A. Murphy as Mayor on December 11, 2018, by operation of law his Council seat has become vacant. Government Code Section 36512 governs the options the City Council has in filling this elected position. The City Council is given two choices, (1) appoint someone, or (2) call a special election. If Council wishes to appoint, it must be done within 60 days of the vacancy, which is no later than February 9, 2019. If there is no appointment within 60 days, then the position must be filled by Special Election on the next regularly established election date, which by statute would be November 5, 2019. The cost estimate for a Special Election as provided by the Registrar of Voters is between $427,000 and $472,000. Regardless of filling the position through appointment or Special Election, the new Council member would serve the remainder of the term that will end in December 2020. While the state Government Code mandates certain aspects of City Council vacancies as noted above, it does not regulate or provide guidance for the process of appointments. Although the Council has not made a determination whether to appoint or call for a Special Election, City staff initiated a possible appointment process. As such, . starting on December 17, 2018, notice was placed on the City's website and other social media advising of the City Council vacancy. Those interested in the vacant City Council position were invited to submit an application to the City Clerk's office. Again, by receiving applications, there is no presumption that the City Council will appoint versus call for a Special Election. By January 8, 2019, the City received a total of 20 applications. At their Regular meeting of January 8th, the City Council listened to public comment and deliberated on the vacancy. At the conclusion of the discussion, the City Council called for an Adjourned Regular Meeting to be scheduled for January 22, 2019 so that each Councilmember would have additional time to conduct further due diligence on the applicants. Also during the deliberations on January 8th, the City Council directed staff to close the application period immediately. Therefore, no additional applications have been received. As the City Council deliberates on the disposition of the vacancy at this meeting, the following actions are available: 1. Appoint a qualified individual to fill the vacancy for the remainder of the term; or 2. Call for a Special Election and direct staff to prepare the appropriate Resolutions; or 3. Conduct a second Special Meeting prior to February 9, 2019 to deliberate further on the matter. 7. ATTACHMENT • List of Applicants for vacant City Council seat ITEM 2 01/22/2019 i Attachment 1 Applicants for vacant City Council seat Received by January 8, 2019 John Aust Robert Baca Arianna Barrios Connie Benson Zachary Collins Douglas Cohen Jonathan Dumitru Michael Eagan Adrienne Gladson Ernest Glasgow Windy Horton Adnan Maiah Mark Moore Robert Roman John Russo Corey Schulz Betty Valencia Christian Vaughan Doug Vogel Brett Wyland